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BATTERED WOMEN CLAIM NYC FAMILY COURT SYSTEM PUTS DOMESTIC VIOLENCE SURVIVORS AND THEIR CHILDREN IN DANGER

New Report Documents Systemic Failings of Family Court 

Domestic Violence Survivors Issue Mother’s Day Call for
Transparency and Accountability in NYC Family Court

May 8, 2008, New York, NY – Today a group of domestic violence survivors, their children and their advocates gathered to mark Mother’s Day and call for more transparency and accountability in New York City Family Court. They charge that the family court system in New York is broken and often stacked against women who have survived domestic violence.

The group released a report prepared by the Voices of Women Organizing Project, a nonprofit organization of survivors of domestic violence, which finds that the court system is rife with bias against women. Based on surveys of self-identified domestic violence survivors who have had cases in NYC Family Court, the report charges that court officials often disregard the law and the court’s own policies and procedures. The report also documents that there is little consideration of domestic violence in custody cases, which puts children in danger.

“If the courts do not follow the law, there is no way mothers can get justice,” said Karlene Gordon, a survivor of domestic violence who lost custody to her ex-partner.

The report, Justice Denied: How Family Courts in NYC Endanger Battered Women and Children, also finds that:

·        Women are often instructed not to mention domestic violence in the court proceedings by lawyers and court personnel who feel it will hurt their case or that it is irrelevant

·         The court system is overburdened; in 2006, Family Courts in New York City handled more than 210,000 filings and depositions, with only 47 Judges to handle all cases

·           57% of the women interviewed said that reports of child abuse or child sexual abuse against their ex-partner were not taken seriously in court proceedings – often these reports triggered accusations of “parental alienation” against the mother trying to protect her child

·           Law Guardians (the lawyer for the child) do not always represent their clients’ wishes, frequently do not meet with their client more than once or at all, and fail to take domestic violence history seriously, compromising children’s safety.  In some cases, Law Guardians make recommendations to remove custody from mothers who are primary caregivers without meeting them or seeing them with their children

·          37% of women surveyed lost custody of their child(ren) in spite of being the primary caregiver

·          Preferential treatment is given to the wealthier or higher status party – child support was ordered in only 50% of the cases when it was requested while actually paid in less than half of those instances. 41% of interviewees said they were forced to give up assets in order to keep custody of their children

“This report is an indictment of New York City’s Family Court,” said Susan Lob, Director of Voice of Women Organizing Project. “It shows how the system is biased against those who need its protection most, women who are survivors of domestic violence and their children.  If ever there was a need for an overhaul of a broken system, this is it.”

Claims in the report were bolstered by official memos issued by two top judges.  In the first, dated from 2004, New York City Family Court Administrative Judge Joseph Lauria called for an expanded effort to allow children over the age of 10 to appear in court in order to ensure their best interests are represented. More recently, in an administrative order dated October 2007, New York State Chief Judge Judith Kaye called for Law Guardians to act as lawyers to children in custody proceedings, and to ensure that the child’s position is fairly represented.

The report recommends that Family Court enforces all laws and procedures and hold judges, law guardians and attorneys accountable for violations to maintain fair and balanced court proceedings that operate in the best interest of the children involved. Specific recommendations include:

• An independent review committee should be established to monitor the courts for patterns of bias as well as to review complaints
• Judges should serve shorter terms, and undergo regular evaluations
• Family court proceedings should be a transparent process, and records of proceedings should be made readily available to litigants
• Guidelines should be established designating appropriate minimum amount of contact between law guardians and child client and children over the age of seven should have the right to fire their attorney if they feel they are not being represented adequately
• Emphasis on the “friendly” parent should be replaced with an understanding that many times a parent may appear to be “uncooperative” when they attempt to protect themselves and/or their children
• Chief Judge Kaye should issue an advisory to all Family Court judges that allegations of abuse must be fully investigated

The Voices of Women Organizing Project, known as VOW, is the lead initiative of the Battered Women's Resource Center, a nonprofit that works to empower survivors of domestic violence. VOW supports survivors of domestic violence as they lead efforts to end violence, shape policies and improve services for battered women. For more information, please visit: http://www.vowbwrc.org/